Key legal question
Whether the complaint seeking immediate release from pretrial detention was admissible despite the cassatory nature of the public-law appeal.
Extracted holding
The request for release was in principle admissible, but any attack on the 13 September 2004 refusal was inadmissible for failure to exhaust cantonal remedies.
Extracted reasoning
A positive measure may be ordered in detention matters, but the cantonal refusal had to be challenged first before the Tribunal d'accusation.